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Is Your Process Patent Being Circumvented? Housey Forces Another Look at Section 271 Protections for Information-Producing Patented Processes

Patents containing process claims, especially those where the result of the process is information, such as some research method, business method or software, Internet or telephone-based process patents, may be among the most valuable elements of a portfolio. If used defensively, such patents may provide a competitive advantage to the owner or prevent competitors from entering into a key line of business. If used offensively, these patents offer licensing opportunities on transactions that may occur millions of times per year. Potential licensees that wish to practice the patented processes described above, however, may choose a course other than licensing &mdash; practicing the process abroad and sending the resulting information back into the United States. The recent case of <i>Bayer AG v. Housey Pharmaceuticals, Inc.,</i> No. 02-1598, slip op. (Fed. Cir. Aug. 22, 2003), construing 35 U.S.C. '271(g), may make it more difficult to enforce these process patents with respect to such outsourcing and importing activities.

33 minute read September 01, 2003 at 01:14 PM
By
Andrew J. Olek
Is Your Process Patent Being Circumvented? Housey Forces Another Look at Section 271 Protections for Information-Producing Patented Processes

Patents containing process claims, especially those where the result of the process is information, such as some research method, business method or software, Internet or telephone-based process patents, may be among the most valuable elements of a portfolio.

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